Simons v ANZ Bank New Zealand Ltd

In the High Court of New Zealand, Simons v ANZ Bank New Zealand Limited involved the ANZ plaintiffs seeking to represent customers who had entered into loans before 6 June 2015, as well as their own claims related to loans entered into after that date. The Court previously declined the ANZ plaintiffs' application to represent customers with existing loans, holding that such representation would deprive ANZ of limitation defences applicable to claims by customers with existing loans. The ANZ plaintiffs applied for leave to appeal this decision. The primary legal issue was whether the Court should grant leave to appeal the decision denying the ANZ plaintiffs' application to represent customers with existing loans.

The Court assessed the application for leave to appeal based on the established criteria, including whether there was an identifiable issue of law, whether the issue had general or public importance, and whether the interests of justice supported granting leave. The ANZ plaintiffs argued that the Court erred in denying their application and that the error was of significant importance to them and the other customers. ANZ opposed the application, stating that the issue did not meet the high threshold for leave to appeal and that the decision had no broader significance.

The Court found that while the issue did not have general or public importance, it was of significant importance to the ANZ plaintiffs and the other customers. The Court also found that the issue raised reasonably arguable points of law. Considering the interests of justice, the Court granted leave to appeal that aspect of the decision, stating that the appeal could be heard at the same time as the other appeals already granted. The ANZ plaintiffs were awarded costs on the application on a 3B basis together with disbursements as fixed by the Registrar.